[DOWNLOAD] "Whitlock v. Public Service Company Indiana" by 635 Supreme Court of Indiana No. 29 # Book PDF Kindle ePub Free
eBook details
- Title: Whitlock v. Public Service Company Indiana
- Author : 635 Supreme Court of Indiana No. 29
- Release Date : January 29, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
On Petition for Rehearing The appellee, Public Service Company of Indiana, Inc., has filed a petition for rehearing and to
modify the mandate of this court. Because of some contentions strongly made therein, we feel compelled to clarify further
the position taken in the original opinion. Appellee insists that it (the condemnor) becomes a defendant in that portion of
the condemnation action below in which a trial is held to determine the damages to be assessed for the taking of the land
in question. Cases are cited which hold that the burden of proving the damages is upon the landowner in all such instances.
Indianapolis, etc., Traction Co. v. Shepherd (1905), 35 Ind. App. 601, 74 N.E. 904; Indianapolis, etc., Traction Co. v. Wiles
(1910), 174 Ind. 236, 91 N.E. 161; Halstead v. Vandalia R. Co. (1911), 48 Ind. App. 96, 95 N.E. 439; State v. Hamer (1936), 211 Ind. 570, 199 N.E. 589.